Competitions and Prizes

Scope

This guidance note aims to assist staff involved in setting up and running competitions
for audiences on ABC outlets, or through ABC Commercial. It does not cover discrete
individual game or talent quest shows which may be commissioned from time to time.
It also does not cover occasions when the ABC may provide prizes through its
sponsorship of industry awards or events.

This guidance provides a summary of our legal obligations but refers you toABC Legal Guidance
[internal link for ABC staff only] for a more complete and comprehensive explanation of these obligations.

The main focus of this guidance is on the editorial responsibilities that apply to
competitions, prizes and their promotion.

Mandatory Referrals

There are two mandatory referrals involved in running ABC competitions:

All competition permits for Games of Chance must be obtained with the
assistance of ABC Legal.

In accordance with Standard 13.5, approval is required to accept any free and/or
discounted products or services to be used as prizes.

Introduction

The ABC runs many competitions – both Games of Skill and Games of Chance – for
audiences on radio, television, online and through ABC Commercial.

Competitions range from spontaneous Radio quizzes and calls for contributions to
content, through to large-scale competitions such as ABC Commercial’s Gardener of
the Year in association with Gardening Australia, triple j’s Unearthed High or ABC
Exhumed. Some can run for several weeks, across station schedules, online including
through social media and some run across multiple ABC platforms.

Prizes are also routinely awarded to audience members for contributions to programs
where there is no competitive element, that is, merely joining in will earn a prize.
These initiatives provide creative ways for audiences to interact with the ABC and for us
to engage audiences with our content. They are also a valuable means of promoting
ABC content, activities and services and help us to increase our audience reach.

Like our content, competitions must meet high ethical standards and should be
technically robust. The audience expects nothing less from us.

Competitions must be authentic in every way. Under no circumstances can any element
of an ABC competition be faked or rigged, nor any material modifications made to the
rules, terms and conditions once a competition is announced.

Each competition must have a clear purpose. Relevant editorial supervisors, or
managers in the case of ABC Commercial, and Marketing staff must be involved at the
outset to ensure the concept, brief and timing of a competition meets audience
objectives and editorial responsibilities and that the ABC is in a position to deliver on its
promises. There are legal as well as editorial obligations and we must meet these if we
are to maintain public trust and retain our editorial independence and integrity.

Legal Responsibilities

Did you know that a permit is required to run some competitions?

Did you know that in relation to permits, there are two types of competitions?

In summary, when the ABC wants to run a competition, our legal responsibilities
involve:

establishing whether the competition is a “Game of Skill” or a “Game of Chance”;

determining if a permit is required and quoting it in promotions in appropriate
formats as relevant to platforms/publications;

developing Terms and Conditions, making them accessible in appropriate formats
and directing audiences to them as relevant to platforms/publications;

keeping appropriate records for competitions.

Where to begin?

Your first step is to work with your Marketing Manager to formulate a brief for the
competition you want to run, defining the concept and its editorial or promotional
purpose.

It’s important that editorial supervisors and managers are consulted at the outset to
agree that the concept and purpose are clear, appropriate and meet strategic objectives
and that sufficient resources are available to make the competition happen
successfully.

Think about how people will be required to enter, what technical systems are
involved, how a winner will be chosen and what the prize/s will be.

Determine if the competition will be:

A Game of Skill [PERMIT NOT USUALLY REQUIRED] where the winner
is determined based on their skill or talent. This includes competitions
seeking, for example, the most original or creative 25 words or less in
answer to a question, the best short story or poem, the best music
composition, the most creative photo submitted via Instagram, the best Tshirt
or logo design or the best song lyrics.OR

A Game of Chance [PERMIT USUALLY REQUIRED] where the winner is
chosen from a pool of participants on a predetermined set of criteria – the
first, the last, the 10th caller to a radio station, or randomly. This also
includes competitions where entrants are required to provide a predetermined
answer (eg the answer is either “yes”, “no” or there is only one
answer to the question). A common example is where entries are randomly
drawn out of a barrel containing all entry forms. Each competitor has an
equal chance of winning, there’s no skill involved, just luck! An ABC
Commercial example would be a buy-to-win competition where an entrant
is required to buy X product to go into a draw to win Y prize.

NB: Some blanket permits are available to the ABC and may cover some Games of Chance. Please refer to ABC Legal and/or your Divisional Marketing manager for advice.

ABC Legal has done much of the hard work already. ABC Legal Guidance [internal link for ABC staff only] provides comprehensive advice, information and templates to
help you. Legislation about permits differs across States and Territories so it’s
essential to refer to this information and you can also contact ABC Legal to confirm
whether a competition permit is required for your particular competition.

Editorial Responsibilities

Competitions run by the ABC must meet the high ethical standards expected of us by
our audiences. They form an integral part of our content and as such editorial
responsibilities must be considered from the point of developing the concept and
determining its editorial purpose, through to the planning, preparation, running and
completion of the competition.

What editorial standards apply to ABC competitions?

1.1 Maintain the independence and integrity of the ABC.

This is the overarching standard covering everything the ABC does. It goes to the
heart of our reputation as a national broadcaster and maintaining public trust.

In the context of competitions, this standard demands legality, honesty and
transparency in the establishment, running and promotion of competitions, the
acquisition and awarding of prizes, fair and equal treatment of competition participants
and delivering on promises made which will be outlined in the competition’s Terms and
Conditions.

The ABC needs to give audiences all the information they need to consider whether
they will or won’t participate in an ABC competition.

The Terms and Conditions form the basis for ensuring they have this information and
are an essential ingredient in meeting both our legal and editorial responsibilities.

Potential participants must have the opportunity to access the Terms and Conditions,
which will outline the rules of the game, the entry requirements, and accurate and
appropriate descriptions of the prize/s. The Terms and Conditions will also contain the
detail of any judging process including selection criteria, and anything else that is
relevant to the specific competition.

If entries are to be used by the ABC for commercial purposes – for example, a short
story competition which will culminate in a book for publication and sale through ABC
Commercial –entrants must be made aware of that intention and this element must be
included in the Terms and Conditions. Similarly, if the ABC intends to publish other
‘creative’ entries sought in competitions, it may need a licence to do so. All rights issues
must be captured in the Terms and Conditions.

The Terms and Conditions form a ‘contract’ between the audience and the ABC –
outlining the responsibilities of entrants and responsibilities of the ABC to deliver on its
promises.

The Terms and Conditions must be accessible. Depending on the nature of the
competition, the Terms and Conditions must be broadcast and/or published on air,
online or in any other format that is relevant to the specific competition. If entrants must
enter via an online entry form, ensure that the Terms and Conditions document is
available via a link or scroll-down pane above the “Submit” or “Enter” button to provide
accessibility and adequate notice to entrants.

Prizes

Where there are competitions, there have to be prizes!

Prizes offered by the ABC vary widely from ABC Commercial products, promotional
products such as books, CDs and DVDs, free tickets to ABC supported events such as
arts and music festivals, and even travel and accommodation to attend various events.

What prizes canthe ABC offer audiences?

ABC Commercial products such as DVDs, books, CDs;

props, set dressing and costumes taken from ABC production sets;

“money can’t buy” experiences eg a visit to the set of an ABC TV series to meet
the cast or an hour in the commentary box at the Test;

prizes purchased by the ABC at public retail prices eg an iPad to promote a new
ABC app, tickets to concerts/events;

ABC expertise eg professional recording/production of artists by triple j;

unsolicited promotional/sample products such as CDs, books, DVDs that are the
property of the ABC but cannot be used for personal or commercial purposes;

cash prizes – prizes should be strongly connected to our functions and editorially
relevant, and the ABC must be mindful of how it uses public funding. Within this
context, offering cash prizes to audiences is not appropriate;

all-expenses paid holidays or other expensive items that have no relevance to
our editorial remit;

prizes accepted in return for verbal or visual promotion or credit of the donor or
their sponsors;

items sought from commercial companies or other organisations without
approval under 13.5;

prizes prohibited by the various State and Territory gaming offices, such as
tobacco products firearms, weapons and cosmetic surgery.

The ABC is generally prohibited from advertising on its radio, television and digital
services. As such, there is no expectation from the audience that we would, should or
could, offer big ticket commercial items to audiences as commercial media outlets
sometimes do.

The prizes we offer are often modest, but we do at times give away more substantial
prizes such as fares and accommodation to attend an ABC supported event, iPads
and Galaxy tablets promoting ABC apps, or a Smart TV given away by ABC
Commercial. The ABC must use public funds responsibly. It’s important that prizes are
connected to our functions, are editorially relevant and reflect our values.

The ABC purchases prizes and also accepts prizes from appropriate external bodies.
These may include Commonwealth, State or Local Governments, some community,
educational, cultural and sporting organisations and items such as tickets to concerts,
lectures, sporting, theatre, and other arts events.

More substantial prizes may be accepted in exceptional circumstances, provided the
ABC’s editorial independence or integrity is not compromised. Such exceptional
circumstances may involve donation of higher valued prizes by an appropriate
government, educational or arts body, and acceptance is governed by Standard 13.5:

13.5 Free or discounted products, services or facilities may be accepted to support the creation of content provided that:

there is no obligation imposed on or accepted by the ABC to structure or present any matter with a particular editorial perspective;

prior approval is obtained from an appropriately senior ABC person designated for the purpose;

the independence and integrity of the ABC are fully protected; and

accurate records are kept of what is accepted.

This standard requires any proposal to accept items or services from any external party
to be approved by an appropriate Divisional delegate.

Refer to the separate Guidance Note on Free or Discounted products, services or
facilities where the Review and Approval Process is outlined in more detail.

13.7 Ensure appropriate disclosure of any external funding arrangement, and any acceptance of free or discounted products, services or facilities, where the arrangement or acceptance, if it were not disclosed but later became public, may reasonably be perceived to distort the editorial content or otherwise undermine the ABC’s independence or integrity.

ABC competitions may be run in conjunction with third parties. It is important to
consider the issue of disclosure as required by 13.7 based on individual circumstances.

Often disclosure will occur naturally as part of the information communicated to
audiences on air, online or in publications – for example, when the ABC is identified as a
partner or supporter of an arts festival and we offer tickets to performances as prizes.

For ABC competitions run in conjunction with third parties, approval of the use of ABC
logos alongside external party logos must be sought in accordance with the ABC’s Brand and Identity Policy [internal link for ABC staff only].

Promotion of Competitions and Prizes

12.1 References to trade names, brand names, and logos may be made provided that:

the references are editorially relevant in the context; and

the ABC’s editorial independence or integrity is not undermined.

12.2 Commercial references must not be unduly frequent or unduly prominent.

12.3 Take particular care to minimise commercial references in content designed for children.

12.4 Do not state or imply that the ABC endorses any commercial organisation, product or service.

Prize descriptions should be broadcast and published in an informational way and not
in the form of an advertisement, promotion or endorsement.

Before competitions are announced, give consideration as to how prizes will be
described in on air and online promotions.

The principles of Section 12 recognise that the ABC needs to be able to reflect the
world as it is, and this involves informing the audience adequately about sponsors,
partnerships and prizes.

For example, if the ABC is using a competition to promote a new iPhone app and has
purchased iPads as prizes, it is appropriate to refer to iPad. This is relevant
information for the audience. To refer to it as an Apple iPad is unnecessary as the
company name does not add to the audience’s understanding of the nature of the
prize.

One “informational” mention of a commercial prize should be sufficient to ensure
compliance with 12.2.

In the case of the ABC purchasing airfares and accommodation for a winner to attend
a major concert, there is no editorial need to mention the suppliers ie the airline or
hotel.

By contrast, where tickets to an arts festival performance are offered, reference to the
festival and the individual performance is necessary to provide the audience with
relevant information.

Consider also the different platform(s) on which the competition and prizes will be
promoted and be mindful that online promotions can give rise to issues of greater
frequency and prominence than on radio and television especially if they appear on
the homepage as part of a rotating sequence of promotions of ABC content and
activities.

Some FAQs

Is there a difference between a “prize” and a “giveaway”?

No. The only difference is the terminology. “Giveaway” is often used on radio eg
reference to a “ticket giveaway“, but there would still be a mechanism through which the
audience has to compete for the tickets.

On occasions presenters may spontaneously invite the audience to engage with the
program. For example, first person to call with the answer to a simple question. If the
answer to the simple question is either a “yes” or “no”, or there is only one answer then
it will be characterised as a Game of Chance (permit may be necessary) as opposed to
an answer which is required to be the “best” or the “most creative” answer on air, which
would be a Game of Skill. Another example is for the first five people to call the studio.
This will also be characterised as a Game of Chance. These are often referred to as
“giveaways” where the prize would usually be small and along the lines of a promotional
CD or book.

All giveaways are prizes – items to be won by the audience.

Can we use third-party commercial product as prizes?

Yes. Promotional product we receive unsolicited eg books, CDs, DVDs etc, often build
up and, as outlined in the ABC Gift Policy, these items are not for personal use by ABC
staff or for further commercial use by the ABC, but one legitimate way to dispose of this
material is to use them as prizes or giveaways to the audience.

Under exceptional circumstances the ABC may accept the donation of a prize of greater
value. In such a case, approval is required in accordance with 13.5 in order to protect
the ABC’s editorial independence and integrity.

Are there limitations on the number of tickets we can accept for ABC-supported events?

There is no prescribed limit but the expectation is that we would accept a modest
number of tickets for the benefit of the audience. The number of tickets that is
considered reasonable may differ depending on the circumstances and this will be
considered as part of the Free and or Discounted Review and Approval process.

Can tickets be accepted for staff?

Tickets must not be accepted for the personal use of staff. A valid number of tickets
may be accepted for staff officially representing the ABC or participating as MCs, or for
the purpose of genuine review. The Memorandum of Understanding (MoU) with the
external party will usually specify the number of tickets for ABC staff and tickets to give
away to the audience.

Who is responsible for keeping the records as required under our legal obligations?

Competitions are a specific marketing tool for driving audiences to our content and
activities and they will usually be conceived by the relevant Marketing area.

In Radio, all competitions require input from Marketing and associated records are
required to be maintained by the relevant Marketing Manager.

In Commercial, all relevant and required records should be kept on file in the business
unit responsible for the competition.

In Television, the Marketing & Communications department will generally be involved
in all competitions and will keep the required records.

Is there any training available about what’s required to run ABC competitions?

Yes. ABC Legal will provide training to relevant groups from time to time. This is
usually best coordinated through the Marketing area.

Other Considerations

Do we have sufficient resources to run the competition? Think about the size and
scale of the competition proposed and whether there are sufficient available resources
to manage it appropriately through to the end.

Once a competition is announced, there is no going back – rigorous control must be
applied based on the Terms and Conditions.

Make sure someone is allocated responsibility for ensuring the prize gets to the winner! From time to time, people have been promised prizes which have never
arrived – usually in the context of a spontaneous giveaway where a presenter has
given away an item on air, and nobody has retained the caller’s contact details. Even
for the most insignificant of prizes, we are obliged to honour any agreement we make
with the audience.

What are the stakes if we get it wrong? They’re very high! If competitions are not
run with absolute honesty and transparency every step of the way, and our legal and
editorial responsibilities not met, the trust of our audiences will be lost along with our
reputation. See what happened to the BBC with their Blue Peter children’s competition.

Status of Guidance Note

This Guidance Note, authorised by the Managing Director, is provided to assist
interpretation of the Editorial Policies to which the guidance notes relates. The
Editorial Policies contain the standards enforceable under the ABC’s internal
management processes and under the ABC’s complaints-handling procedures.

It is expected that the advice contained in guidance notes will normally be followed. In
a given situation there may be good reasons to depart from the advice. This is
permissible so long as the standards of the Editorial Policies are met. In such
situations, the matter should ordinarily be referred upwards. Any mandatory referrals
specified in guidance notes must be complied with.